hebron
10-28 02:37 PM
Thanks guys for posting your experiences.
I spoke with my attorney today regarding filing a new PERM labor and I-140 under EB2 with the same employer. My EB3 labor was filed for Software Engineer position and now my role is a senior role as a Principal Software Engineer. My job duties have changed but not by 50%. My attorney says in order to successfully apply for EB2 labor and I-140 with the same employer, the job should be 50% different from the EB3 Job description.
I don't know how to convince my attorney. Can somebody tell me if I have a valid case for EB2.
I have an MCA from India and 4 years of experience before I joined my current employer. Now I have 12+ years of experience. My current job as a Principal Software Engineer requires a Bachelors + 7 years or Master's + 2 years of experience. I have a Masters with 4 years before I joined my current employer. So i should be eligible to apply for EB2 labor without the experience gained from my current employer. Is that correct?
I spoke with my attorney today regarding filing a new PERM labor and I-140 under EB2 with the same employer. My EB3 labor was filed for Software Engineer position and now my role is a senior role as a Principal Software Engineer. My job duties have changed but not by 50%. My attorney says in order to successfully apply for EB2 labor and I-140 with the same employer, the job should be 50% different from the EB3 Job description.
I don't know how to convince my attorney. Can somebody tell me if I have a valid case for EB2.
I have an MCA from India and 4 years of experience before I joined my current employer. Now I have 12+ years of experience. My current job as a Principal Software Engineer requires a Bachelors + 7 years or Master's + 2 years of experience. I have a Masters with 4 years before I joined my current employer. So i should be eligible to apply for EB2 labor without the experience gained from my current employer. Is that correct?
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alterego
10-01 09:51 PM
I think there will not much visa numbers unused. If at all, it may be in few hundreds. We are thinking our point of view, even wasting one visa number is ridiculus based on number peoples are waiting. However, the INA states that every year "not more than 140,000 EB visas should be issued".It sets only upper limit not the lower limit. Therefore DOS has be more vigilant in not exceding 140K. By doing so, there may be a few wastage of numbers. If they issue 120K instead of 140K, it is not the violation of law. Insted if they issue 141K it is vialotion of law.
However, if the wastage is more than few hundreds it is definitly not acceptable.
Last year they "wasted" about 10K visa numbers. It is absolutely up to them. However congress has authorized 140k a year and there are huge backlogs for AOS and CP. So when you put that together, leaving about 10K unapproved is clearly not enforcing congressional mandates. The ombudsman blasted them for this in his report, then we had the VB fiasco. None of this sounds like great management of the benefits. There clearly is room for improvement.
We (us and our employers) as the recipients of the benefits are complaining about this, and it is perfectly legitimate.
If any visa numbers are left unused, I definitely think we ought to take up this issue with congressional leaders like Zoe Lofgren. Even just a visa recapture legislation alone would help us tremendously until 2009(about the earliest they might get back to this issue more fully).
However, if the wastage is more than few hundreds it is definitly not acceptable.
Last year they "wasted" about 10K visa numbers. It is absolutely up to them. However congress has authorized 140k a year and there are huge backlogs for AOS and CP. So when you put that together, leaving about 10K unapproved is clearly not enforcing congressional mandates. The ombudsman blasted them for this in his report, then we had the VB fiasco. None of this sounds like great management of the benefits. There clearly is room for improvement.
We (us and our employers) as the recipients of the benefits are complaining about this, and it is perfectly legitimate.
If any visa numbers are left unused, I definitely think we ought to take up this issue with congressional leaders like Zoe Lofgren. Even just a visa recapture legislation alone would help us tremendously until 2009(about the earliest they might get back to this issue more fully).
psaxena
03-03 01:42 PM
The first bulletin with Eb1 and Eb2 spill over.
Last year:
Mar 2008- India Eb2 U
Apr 2008- India-Eb2 01 Dec 03
This year may be:
Mar 2009- India Eb2 15 Feb 04
Apr 2009- India Eb2 28 Feb 05 (My PD :))
What about EB3, any predictions????:)
Last year:
Mar 2008- India Eb2 U
Apr 2008- India-Eb2 01 Dec 03
This year may be:
Mar 2009- India Eb2 15 Feb 04
Apr 2009- India Eb2 28 Feb 05 (My PD :))
What about EB3, any predictions????:)
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p_kumar
09-30 04:19 PM
My EB3 PD is Oct 2003. I-140 approved and I-485 ND is July24th.when can i expect to get the green card?. thanks in advance.
more...
Green.Tech
06-16 02:30 PM
No contributions today?
Wake up folks!
Wake up folks!
snathan
05-15 07:28 PM
snathan,
USCIS is very clever about the fee waiver. One of my friends got the same kind of denial as I got (trust me we compared the notes) on the same day from NSC. When he filed for the MTR, USCIS reopened his case but with an RFE on his case. He had to send some medical reports, birth certificates and some other documents. In that way USCIS is getting away with wrongful denied cases without refunding any fee back. I have donated $2500 to USCIS for my two MTRs (forget about emotional drain which is incomprehensible and unrefundable). I do not think USCIS will ever give me that money back after it finds there is error in my case. it will definitely come up with some kind of RFE. It is very easy for them......
For that only I am telling we need to teach a lesson. Take them once to court, and if we can get the judement once in our favour it will nail the coffin. If we lose, some one else try again in different court.
USCIS is very clever about the fee waiver. One of my friends got the same kind of denial as I got (trust me we compared the notes) on the same day from NSC. When he filed for the MTR, USCIS reopened his case but with an RFE on his case. He had to send some medical reports, birth certificates and some other documents. In that way USCIS is getting away with wrongful denied cases without refunding any fee back. I have donated $2500 to USCIS for my two MTRs (forget about emotional drain which is incomprehensible and unrefundable). I do not think USCIS will ever give me that money back after it finds there is error in my case. it will definitely come up with some kind of RFE. It is very easy for them......
For that only I am telling we need to teach a lesson. Take them once to court, and if we can get the judement once in our favour it will nail the coffin. If we lose, some one else try again in different court.
more...
rongha_2000
07-23 11:20 AM
Obama, did not vote.. Not sure why?? This is very frustrating.!:mad:
BTW how did Obama vote?????
BTW how did Obama vote?????
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gc_kaavaali
07-14 11:06 PM
come on guys!!!! contributed atleast $5
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r_mistry
01-03 12:05 PM
If they are processing september 16th then we should have received our APs long time ago.
Please provide me the info on contacting NSC. I need to find out what's going on with my application
Thanks for your help !!!
Please provide me the info on contacting NSC. I need to find out what's going on with my application
Thanks for your help !!!
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sracharla
09-04 10:59 AM
Hi,
I live in colorado...my H1B is going to expire Oct 27...I have not applied for H1B Extn. yet...But i have EAD...According to colorado DMV i should be able to use EAD for driving license extn...but does using EAD invalidates my H1B??...i am planning to apply for my H1B extn this week...but i won't be able to get approval in 3 weeks (assuming i do premium processing)...Please help me.
I live in colorado...my H1B is going to expire Oct 27...I have not applied for H1B Extn. yet...But i have EAD...According to colorado DMV i should be able to use EAD for driving license extn...but does using EAD invalidates my H1B??...i am planning to apply for my H1B extn this week...but i won't be able to get approval in 3 weeks (assuming i do premium processing)...Please help me.
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anju
07-19 05:23 PM
Guys,
Can I change my PD after filing 485? My RIR LC is waiting at BEC and I will apply for one more 140 which earlier PD.
Thanks,
Anju
Can I change my PD after filing 485? My RIR LC is waiting at BEC and I will apply for one more 140 which earlier PD.
Thanks,
Anju
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sunny1000
09-29 02:05 PM
and the last recapture was a bill that was passed in congress.
efforts are on for a recapture. but the valid question raised is: how does a recapture help when USCIS can't even process 140,000 a year?
IV was founded right after the failure of a bill in the house in Dec 2005 that was intended to re-capture unused visa numbers (which passed in the Senate BTW, thanks to Sen Specter).
So, I guess my point is that it is not easy even to get the congress to recapture visa numbers....
efforts are on for a recapture. but the valid question raised is: how does a recapture help when USCIS can't even process 140,000 a year?
IV was founded right after the failure of a bill in the house in Dec 2005 that was intended to re-capture unused visa numbers (which passed in the Senate BTW, thanks to Sen Specter).
So, I guess my point is that it is not easy even to get the congress to recapture visa numbers....
more...
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kalyan
09-12 01:32 PM
count me .I cant come out of my Place till Oct 7'th.
If you want me in Some Rally, i will be there. I am'nt anonymous.
Looks like USCIS needs people who can do Math, SQL Developers, Business Process analysts
Lets help them out who in turn can help us
Lets volunteer to work with USCIS in any form or shape they need , like digging the records, streamlining data or any other matter.
If you want me in Some Rally, i will be there. I am'nt anonymous.
Looks like USCIS needs people who can do Math, SQL Developers, Business Process analysts
Lets help them out who in turn can help us
Lets volunteer to work with USCIS in any form or shape they need , like digging the records, streamlining data or any other matter.
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arnab221
12-12 05:49 PM
What are the chances for the PD moving to Mid 2007 by end of 2010 ? :(
more...
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eagerr2i
07-12 06:54 PM
Is there a SoCal IV member list? Any one from San diego?
there is a list that I maintained. pls pm me and I can send it to u.
there is a list that I maintained. pls pm me and I can send it to u.
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amslonewolf
08-13 05:27 PM
EB3 from June 2008 bulletin
All Charge-ability Areas -1-Mar-06
China - 22-Mar-03
India - 1-Nov-01
Mexico - 1-Jul-02
Philippines - 1-Mar-06
September 2008 bulletin -Comment
D. VISA AVAILABILITY FOR OCTOBER
The Mexico F2A and Employment Third preference cut-off dates are “unavailable” for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September.
My take on this is that there might be some balancing act across the EB3-Sub categories. If you notice in the June 2008 dates, there is a huge discrepancy in the EB3- Sub categories.
For example, Philippines is 1-Mar-06 and India is 1-Nov-01.
Who knows, they might move back the EB3- Philippines/ROW and move forward (or leave it on 1-NOV-01) the EB3-India dates.. This is a possibility from the text of the September 2008 bulletin. So, it's not all gloom and doom for EB3 Categories..
All Charge-ability Areas -1-Mar-06
China - 22-Mar-03
India - 1-Nov-01
Mexico - 1-Jul-02
Philippines - 1-Mar-06
September 2008 bulletin -Comment
D. VISA AVAILABILITY FOR OCTOBER
The Mexico F2A and Employment Third preference cut-off dates are “unavailable” for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September.
My take on this is that there might be some balancing act across the EB3-Sub categories. If you notice in the June 2008 dates, there is a huge discrepancy in the EB3- Sub categories.
For example, Philippines is 1-Mar-06 and India is 1-Nov-01.
Who knows, they might move back the EB3- Philippines/ROW and move forward (or leave it on 1-NOV-01) the EB3-India dates.. This is a possibility from the text of the September 2008 bulletin. So, it's not all gloom and doom for EB3 Categories..
more...
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GreenCard4US
09-14 05:36 AM
Who the hell are you EB2 people to decide that we cannot interfile? Anyway you guys can jump and crib, nothing is going to happen. There are some stupid morons arguing that Eb2's are more qualified, what a farce! Eb3 guys have been waiting longer than EB2 guys for the most part. EB3 people are going to file in EB2, that's the bottom line, you can start a thread, go around squealing!!!!
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rkotamurthy
12-28 06:21 PM
I just registered on this website today. I like the professionalism and commitment of the members on this forum. I would like to contribute to the efforts in promoting the cause. Please let me know any activities/campaings planned by So Cal members.
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gc_on_demand
03-12 11:25 AM
Dear ItIsNotFunny,
For committed people like you, we can request IV core for some special consideration.
But I support this initiative. Just see the FOIA thread. We could not even pool up 5K and there are at least 5000 members out of which at least 500 active users.
Unless there is some intiative like this, it will be impossible for pushing any lobbying activities. There are many people who wants every thing free.
I support IV
Then it may start corruption and some people may get access if they are friend of Admins or modetaror. Who is going to define criteria.. ItsNotFunny did good job no doubt but he also did good job at right time. So many members did good job in past but may not benifited becasue they did in past...
For committed people like you, we can request IV core for some special consideration.
But I support this initiative. Just see the FOIA thread. We could not even pool up 5K and there are at least 5000 members out of which at least 500 active users.
Unless there is some intiative like this, it will be impossible for pushing any lobbying activities. There are many people who wants every thing free.
I support IV
Then it may start corruption and some people may get access if they are friend of Admins or modetaror. Who is going to define criteria.. ItsNotFunny did good job no doubt but he also did good job at right time. So many members did good job in past but may not benifited becasue they did in past...
needhelp!
09-12 07:30 PM
Allen American
Athens Daily Review
Azle News
Corsicana Daily Sun
Dallas / Fort Worth Heritage
Denton Record-Chronicle
Dallas Examiner
Dallas Morning News
Dallas Observer
Dallas Post Tribune
Dallas Voice
El Hispano News
El Sol de Texas
Gainesville Daily Register
Greenville Herald Banner
Hood County News
Paris News
Senior News Source
Stephenville Empire-Tribune
Terrell Tribune
Texas Jewish Post
Wise County Messenger
NetMio.com
D Magazine
KLIF 570 AM
KNES 99.1 FM
DCTV (Ch. 27A, 11B, 13B, 14B, 15B)
Texas Triangle
Plano Star Courier
Fort Worth Star-Telegram
KRLD 1080 AM
WBAP 820 AM
Printed Letters being mailed to:
USA Radio Network
2290 Springlake Rd, Ste 107
Dallas, TX 75234
Salem Radio Network
6400 N Beltline Rd, Ste 210
Irving, TX 75063
KSCS 96.3 FM
2221 E Lamar Blvd, Ste 300
Arlington, TX 76006
KETR 88.0 FM
KNTU 88.1 FM (NPR ) Univ of North Texas
KERA 90.1 FM (NPR)
Athens Daily Review
Azle News
Corsicana Daily Sun
Dallas / Fort Worth Heritage
Denton Record-Chronicle
Dallas Examiner
Dallas Morning News
Dallas Observer
Dallas Post Tribune
Dallas Voice
El Hispano News
El Sol de Texas
Gainesville Daily Register
Greenville Herald Banner
Hood County News
Paris News
Senior News Source
Stephenville Empire-Tribune
Terrell Tribune
Texas Jewish Post
Wise County Messenger
NetMio.com
D Magazine
KLIF 570 AM
KNES 99.1 FM
DCTV (Ch. 27A, 11B, 13B, 14B, 15B)
Texas Triangle
Plano Star Courier
Fort Worth Star-Telegram
KRLD 1080 AM
WBAP 820 AM
Printed Letters being mailed to:
USA Radio Network
2290 Springlake Rd, Ste 107
Dallas, TX 75234
Salem Radio Network
6400 N Beltline Rd, Ste 210
Irving, TX 75063
KSCS 96.3 FM
2221 E Lamar Blvd, Ste 300
Arlington, TX 76006
KETR 88.0 FM
KNTU 88.1 FM (NPR ) Univ of North Texas
KERA 90.1 FM (NPR)
singhsa3
07-20 12:26 PM
Guys,
The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!
A Total I-485 Applicants: 750000 Applicants
B Each EAD processing time: 5 Minutes
C Total processing hrs: 62500 Hours
(Calculations: AxB/60)
D Daily productive Hours: 5 Hours
(It is a government body!)
E Total Man Days (Business Days): 12500 Man Days
(Calculations: C/D)
F EAD Workforce: 30 People
G Total Business Days: 417 Days
(Calculations: E/F)
H Average Business Days in a month: 21 Days
I Total Clearing Time : 20 Months
(Calculations: G/I)
The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!
A Total I-485 Applicants: 750000 Applicants
B Each EAD processing time: 5 Minutes
C Total processing hrs: 62500 Hours
(Calculations: AxB/60)
D Daily productive Hours: 5 Hours
(It is a government body!)
E Total Man Days (Business Days): 12500 Man Days
(Calculations: C/D)
F EAD Workforce: 30 People
G Total Business Days: 417 Days
(Calculations: E/F)
H Average Business Days in a month: 21 Days
I Total Clearing Time : 20 Months
(Calculations: G/I)
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